STEWARD HANDBOOK

The ADA Amendments Act of 2008 (ADAAA) was enacted Sept. 25,
2008, and became effective Jan. 1, 2009. New regulations implementing
changes to the ADA took effect May 24, 2011. The U.S. Equal Employment
Opportunity Commission (EEOC) revised Title I regulations “are designed
to simplify the determination of who has a disability and make it easier for
people to establish that they are protected by the ADA.”
While the definition of disability remains the same – a physical or mental
impairment that substantially limits a major life activity – the EEOC
added a non-exhaustive list of certain conditions. These conditions still
require individual assessments, but will “virtually always” constitute disabilities.
Individual assessments are still necessary, but should demand less
analysis. “The term ‘substantially limits’ shall be interpreted and applied to
require a degree of functional limitation that is lower than the standard for
‘substantially limits’ applied prior to the ADA.”
What stewards can do:
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Protect the rights of AFSCME members who have disabilities.
Provide representation for a member who is seeking a reasonable
accommodation from management.
Educate bargaining unit members and management about the rights
of workers with disabilities.
Assist members if they wish to file a discrimination complaint with
the Equal Employment Opportunity Commission (EEOC) or similar
state agency.
Make sure all AFSCME events and meetings are accessible to members
with disabilities.
For more information: Contact AFSCME’s Department of Research
and Collective Bargaining Services at (202) 429-1215. Or online, go to:
afscme.org/ada-employment for the AFSCME guide to all things ADA.
The Family and Medical Leave Act (FMLA)
Enacted in 1993, the FMLA sets a minimum standard for providing
job-protected leave for those employees who need time off to care for their
families or themselves. (Note: State laws or negotiated contracts may provide
additional or superior benefits.)
The FMLA provides eligible employees with up to 12 weeks of unpaid
leave per year for any of the following:
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